Press Release

Seward Resident Found Guilty After Dumping Oily Bilge into Seward Small Boat Harbor

November 26, 2013

(Seward, Alaska) – On November 21, 2013, Seward resident Allen Lloyd McCarty, 62 years old, was convicted in Seward District Court of one count of Pollution of Water, one count of Oil Pollution, and one count of Failure to Report a Discharge, all class A misdemeanors.

A Seward jury found McCarty guilty of all criminal charges brought after McCarty dumped oily bilge (the dirty water that collects at the bottom of a vessel) from the M/V Dutch Harbor into the Seward Small Boat Harbor, one of two certified Alaska Clean Harbors in the state (harbors that have instituted best management practices in a proactive approach to pollution prevention and protection of Alaska’s marine environment). The dumping was discovered by Seward Small Boat Harbor staff and then sampled and matched to the M/V Dutch Harbor’s bilge by United States Coast Guard (USCG) pollution responders and the USCG Marine Safety Lab.

The dumping of bilges is a major source of marine pollution as bilges tend to collect engine oil, fuel, anti-freeze, transmission fluid, and other pollutants that can affect marine ecosystems and marine organisms, such as fish, which are consumed by many Alaskans.

The Court ordered McCarty to pay full restitution to the USCG for their costs in responding to the spill. Additionally, a $5,000 fine for polluting the land and waters of the State was imposed as well as community service. Magistrate Judge George Peck stated during sentencing that McCarty’s behavior was “egregious” and “willful” and demonstrated an “arrogance about the law.”

The convictions are the result of a joint investigation conducted by the USCG and the Alaska Department of Environmental Conservation’s Environmental Crimes Unit (ECU). The ECU is tasked with conducting statewide investigations of criminal violations of Alaska statutes and regulations for the Alaska Department of Environmental Conservation. For information about the ECU, or to report an environmental crime the public may contact the ECU by phone, via email, or on the Department of Environmental Conservation’s website.

The Attorney General and Department of Law staff may not provide legal advice to private citizens or organizations. Please contact an attorney if you need legal advice. The Alaska Lawyer Referral Service or your local bar association may be able to assist you in locating a lawyer.